§ 63.1436. Flares.
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/us/cfr/t40/s§ 63.1436·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For any flare that is used to reduce organic HAP emissions from a PMPU, the owner or operator may elect to comply with the requirements in this section in lieu of the requirements of § 63.11(b) and the requirements referenced therein. However, beginning no later than the compliance dates specified in § 63.1422(h), the provisions specified in paragraphs (a)(1) through
(25)of this section no longer apply. Instead, if an owner or operator reduces organic HAP emissions from a PMPU by venting emissions through a closed vent system to a steam-assisted, air-assisted, or non-assisted flare, then the owner or operator must meet the applicable requirements for flares as specified in §§ 63.670 and 63.671, including the provisions in tables 12 and 13 to subpart CC of this part, except as specified in paragraph
(b)of this section. This requirement also applies to any flare using fuel gas from a fuel gas system, of which 50 percent or more of the fuel gas is derived from a PMPU, as determined on an annual average basis. For purposes of compliance with this paragraph, the following terms are defined in § 63.641: Assist air, assist steam, center steam, combustion zone, combustion zone gas, flare, flare purge gas, flare supplemental gas, flare sweep gas, flare vent gas, lower steam, net heating value, perimeter assist air, pilot gas, premix assist air, total steam, and upper steam.
(1)Section 63.1426(a)(1);
(2)Section 63.1429(a)(2);
(3)Section 63.1437(c)(1) through (3);
(4)Section 63.107(h)(9)(i) related to criteria in § 63.11(b);
(5)Section 63.113(a)(1);
(6)Section 63.114(a)(2);
(7)Section 63.116(a)(1) through (3);
(8)Section 63.117(a)(5)(i) through (iii);
(9)Section 63.118(f)(5);
(10)The last sentence in § 63.119(e)(1) related to flares;
(11)Section 63.120(e)(1) through (6);
(12)Section 63.122(c)(2) and (g)(3);
(13)Section 63.126(b)(2)(i);
(14)Section 63.127(a)(2);
(15)Section 63.128(b)(1) through (3);
(16)Section 63.129(a)(5)(i) through (iii);
(17)Section 63.130(a)(2)(i), (c), and (d)(5);
(18)Section 63.139(c)(3) and (d)(3);
(19)Section 63.145(j)(1) through (3);
(20)Section 63.146(b)(7)(i)(A) through (C);
(21)Section 63.147(d)(1);
(22)Section 63.172(d);
(23)Section 63.180(e)(1) through (3);
(24)Section 63.181(g)(1)(iii); and
(25)The phrase “including periods when a flare pilot light system does not have a flame” in § 63.181(g)(2)(i).
(b)The exceptions specified in § 63.108(b) through
(o)apply, except as specified in paragraphs (b)(1) through
(7)of this section.
(1)Where the term “chemical manufacturing process unit” is used, the term “PMPU” applies instead for the purposes of this subpart.
(2)Where the reference “§ 63.100(k)(10)” is used, the reference § 63.1422(h) applies instead for the purposes of this subpart.
(3)Where the phrase “Hazardous Organic Chemical Manufacturing Sector Lead” is used, the phrase “Polyether Polyols Sector Lead” applies instead for the purposes of this subpart.
(4)Where the reference “§ 63.152(b)(7)” is used, the reference “§ 63.1439(e)(5)(ix)” applies instead for the purposes of this subpart.
(5)Instead of the address given in § 63.108(n), the address to submit the alternative means of limitation request is U.S. EPA, Attn: Polyether Polyols Sector Lead, Mail Drop: E143-01, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, NC 27711.
(6)When requesting an alternative under 63.1426(a)(2) in accordance with § 63.670(r), substitute “the flare achieves 96.5 percent combustion efficiency (or 98 percent destruction efficiency)” with “the flare achieves a control efficiency greater than 98 percent”.
(7)Section 63.670(o)(2) does not apply. Instead, flare management plans must be submitted to the Administrator in a supplement to the Notification of Compliance Status report in accordance with § 63.1439(e)(5). The plan should be updated periodically to account for changes in the operation of the flare, such as new connections to the flare or the installation of a flare gas recovery system, but the plan needs to be re-submitted to the Administrator only if the owner or operator alters the design smokeless capacity of the flare. The owner or operator must comply with the updated plan as submitted. [91 FR 13175, Mar. 18, 2026]
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§ 63.1436
Flares.
Fed. Reg.×22
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